Case n. 2 - 2 (The competence of the Municipal Authority of the municipality with extended powers after decreeing the institutional care for the treatment of the minor child)

Case n. 2 - 2 (The competence of the Municipal Authority of the municipality with extended powers after decreeing the institutional care for the treatment of the minor child)

According to the judgment of the District Court in Jihlava, ref. 37/012-85 of 31^st July 2012, which came into force on 5^th October 2012, the institutional treatment of the boy, who attended the second grade of primary school in the last school year, was ordered.

The family is a permanent resident at Jihlava, Brněnská 49.

Task:
Focus on the competence of the Municipal Authority of the municipality with extended powers (the municipality of the 3^rd  type is possible) after decreeing the institutional care for the treatment of the minor child.

Key words and phrases to be solved:

-          Judgment of the District Court in Jihlava

-          Regulation of institutional care

-          A family is a permanent resident

-          Competence of the municipality of the 3^rd type

Solution:
The municipal authority of the municipality with extended power contacts the appropriate diagnostic facility, after the judgment on institutional treatment of the minor child is effective, and it decides which facility for institutional care the boy should be placed to.

The municipality of the 3^rd type sends a written notice to the parents (guardians) of the boy to bring him to the designated home. If they do not respond to the notice, the Department of Social and Legal Protection of Children files a motion regarding the decision to the court that decided on the institutional care. Placement is ensured by the court. A social worker from the municipality of the 3^rd type only provides assistance there. (placement of a minor child to a facility for institutional care)

A social worker from the Department of Social and Legal Protection of Children is obliged to visit the boy in the home at least once every 3 months. During the visits he/she has the right to speak with the boy, a leader of the care group in which he is included, with a social worker in the home, a classroom teacher, as well as the right to access to the case file. When visiting the home, the social worker is interested in the development of the boy, and whether the parents or another person show interest in him and in what way (especially if the boy is visited regularly). (visits to a minor child in a facility for institutional care)

Furthermore, a social worker from the Department of Social and Legal Protection of Children is obliged to visit the family, from where the boy was placed into a home, at least once every three months. Social inquiry is focused primarily on whether the parents try to create appropriate treatment conditions, so that the boy could return back home and how they maintain contact with the minor child. (social investigation on the legal guardians of a child who has been placed in facilities for institutional care)

The municipality of the 3^rd type may give a written consent to the temporary residence of the child outside the home at the request of the natural person. Before issuing an approval, social inquiry is performed by the person, who is interested in visiting the child. The opinions of the home and of the boy are requested as well. The consent may be given up to 14 days and then in case of interest it can be extended.

Institutional care lasts up to 18 years of age. Exceptionally, it may be extended up to 19 years. The extension can only be decided by at he court and before reaching the age of majority.

Key words and phrases to be solved:

-          The appropriate diagnostic facility

-          To invite the parents of the boy

-          Do not respond to the appeal

-          Enforcement of a decision

-          The court gives judgment – ensures the placement of a child in a home

-          The Department of Social and Legal Protection of Children provides assistance during the execution

-          The social worker is required to attend the boy’s home

-          At least once in 3 months

-          He/she has the right to speak with the boy

-          To speak to caregivers, social workers and a class teacher (or school counsellor at school)

-          To access the case file

-          Development of the boy

-          The interest of the parents in the child

-          The social worker is required to work with the family from where the child was placed in the home

-          Social inquiry

-          Appropriate treatment conditions

-          A written agreement with the temporary residence of the child outside the home

-          The opinion of the home and the boy

-          Up to 14 days

-          Institutional care lasts up to 18 years

The case is based on the following legislation:

Material:

The Family Act (94/1963 Coll., As amended)

The law on social and legal protection of children (359/1999 Sb., As amended)

Process:

Code of Civil Procedure (99/1963 Coll., As amended)